However, Amnesty International (AI), which is headquartered in London, has Wednesday published a report titled “Denied - Failures in accountability for human rights violations by security force personnel in Jammu and Kashmir” restated the same facts with old data.

The organisation raised the issue of the arbitrariness of the Art 4 of the AFSPA; they talked of how human rights violations cannot be adjudicated under Army Act; or how they dub all so-called ‘human rights abuses’ by the security forces are as torture.

(1) Use of force, of course with warning, with those who act against the law and order in a disturbed area prohibiting the assembly of five or more persons with or without weapons, <g data-gr-id="36" style="display: inline; color: inherit !important; font-size: inherit !important; -webkit-background-size: 0px 2px, 100% 2px; border-bottom-width: 1px; border-bottom-style: solid; border-bottom-color: transparent; background-image: url(data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAA+gAAAACCAYAAADLlPadAAAABmJLR0QA/wD/AP+gvaeTAAAAK0lEQVRYhe3OMQEAIAwDsA6DHPh/ZoTJ2JMoSPW7PwAAAMCqsx0AAAAAkgHerQKHq3BtYQAAAABJRU5ErkJggg==), url(data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAAAEAAAACCAYAAACZgbYnAAAABmJLR0QA/wD/AP+gvaeTAAAAEklEQVQImWP4vGvnfyYGBgYGABl4A2hm/SKhAAAAAElFTkSuQmCC); background-size: 0px 2px, 100% 2px; background-position: 200% 100%, 0px 100%; background-repeat: no-repeat, no-repeat;">fire arms</g>, ammunition or explosives.

(4) Enter and search without warrant any premises to make any such arrest those persons mentioned in (3) or to recover any person believed to be wrongfully restrained and confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises.

While the Act provides for the arrested persons to be handed over to the civilian authorities like the police under Art 5, there are still abuses on the ground.

But what is crucial and interesting is the critical similarity and more, in fact, something that impinges on the sovereign authority of a country, is the relevant text of the Bilateral Security Agreement (BSA) concluded between the USA and Afghanistan. The AI does not make even a mention of the agreement, leaving aside any educated critique of the agreement in its amnestyusa.org website.

1. Afghanistan, while retaining its sovereignty, recognizes the particular importance of disciplinary control, including judicial and non-judicial measures, by United States forces authorities over members of the force and of the civilian component. <g data-gr-id="112" style="display: inline; color: inherit !important; font-size: inherit !important; -webkit-background-size: 0px 2px, 100% 2px; border-bottom-width: 1px; border-bottom-style: solid; border-bottom-color: transparent; background-image: url(data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAA+gAAAACCAYAAADLlPadAAAABmJLR0QA/wD/AP+gvaeTAAAAKklEQVRYhe3OQQEAIAgEsMM6xrMb9SQGny3B6vb7AQAAAFad7QAAAACQDAGHAlfrnYEmAAAAAElFTkSuQmCC), url(data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAAAEAAAACCAYAAACZgbYnAAAABmJLR0QA/wD/AP+gvaeTAAAAEklEQVQImWNY/ejYfyYGBgYGABiLA1VQQvxSAAAAAElFTkSuQmCC); background-size: 0px 2px, 100% 2px; background-position: 200% 100%, 0px 100%; background-repeat: no-repeat, no-repeat;">Afghanistan therefore</g> agrees that the United States shall have the exclusive right to exercise jurisdiction over such persons in respect of any criminal or civil offenses committed in the territory of Afghanistan.

2. If requested by Afghanistan, the United States shall inform Afghanistan of the status of any criminal proceedings regarding offenses allegedly committed in Afghanistan by the members of the force or of the civilian component involving Afghan nationals, including the final disposition of the investigations or prosecution.

4. The United States recognizes the critical role that Afghan law enforcement officials play in the enforcement of Afghan law and order and the protection of the Afghan people. Relevant Afghan authorities shall immediately notify United States forces authorities if they suspect a member of the force or of the civilian component is engaged in the commission of a crime so that United States forces authorities can take immediate action. Members of the force and of the civilian component shall not be arrested or detained by Afghan authorities.

5. Afghanistan and the United States agree that members of the force and of the civilian component may not be surrendered to, or otherwise transferred to, the custody of an international tribunal or any other entity or state without the express consent of the United States.